William and Mary Law School

Symposia

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Fall 2009
Families, Fundamentalism, & the First Amendment

Friday, November 6, 2009
9:00 am - 3:15 pm 
 
This Symposium, sponsored by the Institute of Bill of Rights Law of the William & Mary School of Law, will bring together scholars with expertise in the First Amendment; family and juvenile law; and law, religion, and culture.  Discussions will address the concept of fundamentalism itself; the varied nature of fundamentalist beliefs in the U.S.; and ways in which fundamentalist communities and families in the U.S. interact with modern American law and society.
 
Fundamentalist families compel the state to confront a classic political challenge in which it must balance its commitment to noninterference in private lives against its commitment to securing individuals' entitlements to certain basic liberties, even when threats to those liberties come from within the family itself.  The symposium will thus explore ways in which fundamentalism forces an examination of some of the American polity's core values:  commitments to pluralism, religious liberty, and individual self-determination; repudiation of gender-based oppression; and ensuring the well-being of children and future citizens.

Participants include:  Randall Balmer (Barnard/Columbia); Emily Buss (University of Chicago); Naomi Cahn (George Washington); June Carbone (University of Missouri-Kansas City); James Dwyer (William & Mary); Fred Gedicks (Brigham Young); Marci Hamilton (Cardozo); Vivian Hamilton (William & Mary); Andrew Koppelman (Northwestern); Catherine Ross (George Washington); John Taylor (West Virginia); William Van Alstyne (William & Mary); and Robin Fretwell Wilson (Washington & Lee).

Papers will be published in the William & Mary Bill of Rights Journal (Vol. 19, Issue 4). 

Campaigning in the Courts: The Rise of Election Litigation

A Symposium Co-Sponsored by the IBRL and the Election Law Program
March 20, 2009

On March 20, 2009, the Election Law Program hosted a symposium to examine what went right and what went wrong during the 2008 election season. Speakers included two prominent election attorneys: Robert F. Bauer of Perkins Coie, and Benjamin L. Ginsberg of Patton Bogs LLP. For more information, visit the Election Law Program's News and Activities page.

The Boundaries of Intellectual Property Law

A William and Mary Law Review Symposium
February 6 & 7, 2009

As the scope of intellectual property law continues to expand, courts and scholars are increasingly confronting the question of the law’s proper boundaries.  Is it appropriate, for example, for content owners to use copyright law to silence unflattering speech?  Are countries’ trademark laws, which have historically been geographically limited, now essentially global trademark laws given the use of marks over the Internet?  Is it consistent with the goals of patent law for the U.S. government, through the Patent and Trademark Office, to define the boundaries of what is patentable based on moral or other non-innovation-related criteria?  Although such questions have been the topic of debate in the past, there has not yet been an attempt to take a systemic, unifying approach to the question of boundaries in IP law.  This symposium will provide the opportunity for participants to do just that, yielding new scholarship that directly addresses the question of the proper goals of IP law and whether the scope of our current system aligns with those goals.

Participants:

  • Margo Bagley, University of Virginia School of Law
  • Dan Burk, University of California at Irvine School of Law
  • Graeme Dinwoodie, Chicago-Kent College of Law
  • John Duffy, George Washington University Law School
  • Brett Frischmann, Loyola University Chicago School of Law
  • Wendy Gordon, Boston University School of Law
  • Mark Lemley,    Stanford Law School
  • Jessica Litman, University of Michigan Law School
  • Jason Mazzone, Brooklyn Law School
  • Mark McKenna, Notre Dame Law School
  • Michael Meurer, Boston University School of Law
  • Pam Samuelson, Berkeley Law School
  • Rebecca Tushnet, Georgetown University Law Center
  • Jane Winn, University of Washington
The Williamsburg Charter Revisited: Significant Developments in Law and Religion Since 1988

Presented by J. Reuben Clark Law Society and the Institute of the Bill of Rights Law
April 18, 2008

During the symposium, preeminent scholars and attorneys will discuss significant developments in Constitutional jurisprudence in the past 20 years, with a focus on how interpretations of the First Amendment's Establishment Clause have affected religions and churches in the United States.
The Williamsburg Charter was signed in Williamsburg, Virginia, in 1988, and was a reaffirmation of the First Amendment and a celebration of religious liberty in America. The charter's name honored Williamsburg's historic role in preserving religious freedom. More than 100 individuals signed the Charter (from all across the political and religious spectrum), including former Presidents Jimmy Carter and Gerald Ford, Chief Justice William Rehnquist and former Chief Justice Warren Burger, Senators Edward Kennedy and Strom Thurmond, and representatives from all of the major religions and churches in the United States.
The Citizen Lawyer

Distinguished Guest: The Honorable Sandra Day O’Connor, U.S. Supreme Court Justice (Ret.); Chancellor, College of William & Mary
A William & Mary Law Review Symposium
February 8-9, 2008

This conference will critically examine the "citizen lawyer" idea; the definition of the citizen lawyer can be broadly debated. Some would say the citizen lawyer is the lawyer who serves in government or specifically in public office. Some focus on the pro bono aspect, identifying the citizen lawyer as one who does public service of a wide variety. Some, holding the broadest view, would say that all lawyers are citizen lawyers, as they play a critical role in both the justice system and the economic life of the country.

Some speakers at the conference will celebrate the historical place of the citizen lawyer.  Others will tell stories that discount the citizen lawyer, suggesting, for example, that whatever else the profession might claim it to be, lawyering is just a way of making a living. Included in these discussions will be consideration of the issue of what, if anything, legal education should do to mold citizen lawyers.


Distinguished Guest:
The Honorable Sandra Day O’Connor, U.S. Supreme Court Justice (Ret.); Chancellor, College of William & Mary

Participants:

  • Paul Carrington, Duke Law School
  • Lawrence Friedman, Stanford Law School
  • Marc Galanter, University of Wisconsin Law School
  • Robert Gordon, Yale Law School
  • Bruce Green, Fordham University School of Law
  • Sanford Levinson, University of Texas at Austin School of Law
  • James Moliterno, William & Mary School of Law
  • Taylor Reveley, Dean, William & Mary School of Law
  • Edward Rubin, Vanderbilt University Law School
  • Mark Tushnet, Harvard Law School

 

Conflicts 101: Higher Education and the First Amendment

A William & Mary Bill of Rights Journal Symposium
October 26, 2007

Balancing the tensions among the freedoms of the First Amendment is no less challenging on college campuses than it is in American society as a whole. This symposium, sponsored by the William & Mary Bill of Rights Journal, aims to provide clarity on how courts interpret the First Amendment in collegiate contexts, as well as insight on the future direction of the law, and its impact on campus policies. Specifically, the issue addressed will include: what kinds of groups should be allowed to represent students on college campuses, what types of speech and activities are protected, and when religious symbols and displays are appropriate.


Participants:

  • Lane Dilg, ACLU Program on Freedom of Religion and Belief
  • Stephen M. Feldman, University of Wyoming College of Law
  • Ira C. Lupu, George Washington University Law School
  • Ken Marcus, U.S. Commission on Civil Rights
  • William Marshall, University of North Carolina School of Law
  • Frank S. Ravitch, Michigan State University College of Law
  • Robert W. Tuttle, George Washington University Law School
  • William W. Van Alstyne, William & Mary School of Law

 

Constitution Drafting in Post-Conflict States

A William & Mary Law Review Symposium; Co-sponsored by the Human Rights and National Security Law Program.
February 16-17, 2007

Whether the questions concern the political power for Sunni Muslims in post-Saddam Iraq, or the appropriate role for sharia law in post-Taliban Afghanistan, drafting constitutions in the aftermath of large-scale ethnic and religious strife is a perilous task. This symposium explores the theoretical and practical challenges facing those who seek to advance the rule of law in previously lawless regions. It will bring together leading scholars in the field of comparative constitutional law, who use historical precedents and innovative conceptual frameworks to examine the role of constitutions in diminishing violence and establishing enduring structures for inclusive governance.


Participants:

  • Angela Banks, William & Mary School of Law
  • Paul Carrington, Duke Law School
  • James Gathii, Albany Law School
  • Tom Ginsburg, University of Illinois College of Law
  • Ran Hirschl, University of Toronto
  • Donald Horowitz, Duke Law School
  • Vicki Jackson, Georgetown University Law Center
  • Inga Markovits, University of Texas School of Law
  • Rani D. Mullen, The College of William & Mary, Government Department
  • Robert Post, Yale Law School
  • Balakrishnan Rajagopal, MIT Department of Urban Studies and Planning
  • Andrew Reynolds, University of North Carolina, Department of Political Science
  • Kim Lane Scheppele, Princeton University, Sociology Department
  • Karol Soltan, University of Maryland, Department of Government and Politics
  • Jane Stromseth, Georgetown University Law Center
  • J Alexander Their, United States Institute of Peace
  • Mark Tushnet, Harvard Law School
  • William Van Alstyne, William & Mary School of Law
  • Ruth Wedgwood, Johns Hopkins University
  • Jennifer Widner, Princeton University, Woodrow Wilson School of Public and International Affairs

 

The Last Word? The Constitutional Implications of Presidential Signing Statements

A William & Mary Bill of Rights Journal Symposium
February 3, 2007


Video:
Introduction: Michael Pacella, Editor-in-Chief, the William & Mary Bill of Rights Journal
Panel 1: History and Modern Affairs
Panel 2: Separation of Powers: The Executive and Legislative Branches
Panel 3: Separation of Powers: The Executive and Judicial Branches
Panel 4: “Take Care” Clause

 

Legal Rights in Historical Perspective: From the Margins to the Mainstream

Visiting Scholar: Angela Harris, University of California at Berkeley School of Law
April 1-2, 2005

Visiting scholar Angela Harris's has focused her writing and research on feminist legal theory and critical race theory. Her recent publications include Gender and Law: Theory, Doctrine, Commentary (with Katherine Bartlett, 1998) and Race and Races: Cases and Resources for a Diverse America (with Juan Perea, Richard Delgado and Stephanie Wildman, 2000).


This symposium will focus on examining how group-based rights move—or should move, or are stalled in their movement—from the margins of legal protection towards the mainstream.

Participants:

  • Carlos Ball, Penn State University, Dickinson School of Law
  • Mary Anne Case, University of Chicago Law School
  • Angela Harris, University of California at Berkeley School of Law
  • Jane Larson, University of Wisconsin Law School
  • Sonia Katyal, Fordham University School of Law
  • Gerard Quinn, Faculty of Law National University of Ireland, Galway
  • Michael Stein, William & Mary School of Law
  • Holland Tahvonen, Judicial Clerk, Hon. Lawrence F. Stengel, Eastern District of Pennsylvania

 

In Prison for 30 Years for Fraud: Sentencing and the Constitution After Sarbanes-Oxley

Scholarly Symposium
March 25, 2005

 

St. George Tucker and His Influence on American Law

Scholarly Symposium
February 25, 2005

 

IBRL Student Division Symposium and Moot Court Competition

February 21, 2005

The following case will be litigated in moot court: Orden v. Perry and ACLU of Kentucky v McCreary County: An Analysis of the Ten Commandments Cases.

Participants:

  • Nadine Strossen, President, ACLU
  • Jay Sekulow, Chief Counsel, The American Center for Law and Justice

 

Prosecuting White-Collar Crime

March 20-21, 2003

This symposium will explore a host of policy, practice and constitutional questions surrounding the prosecution of white-collar crime. Issues to be considered range from the ethical responsibilities of prosecutors, the application of criminal law to what has traditionally been a civil-law arena, and the problems surrounding large multi-defendant prosecutions, to privacy concerns and the increasingly international scope of these crimes. In addition, the role of non-criminal justice professionals will be considered. The participants include academics, practicing lawyers, and members of the judiciary from throughout the country.


Participants:

  • Peter Ashton, Catholic University of Porto Alegre, Brazil
  • Bernard Bell, Rutgers University Law School - Newark
  • Mechele Dickerson, William & Mary School of Law
  • John Douglass, University of Richmond Law School
  • Sandra Guerra-Thompson, University of Houston Law School
  • Lawrence Lessig, Harvard Law School
  • Trotter Hardy, William & Mary School of Law
  • Paul Marcus, William & Mary School of Law
  • Thomas Snow, U.S. Department of Justice, Criminal Division, Office of International Affairs

 

The Relationship Rights of Children

March 15, 2002

This symposium will examine, from both a legal and philosophical perspective, the rights that children enjoy and should enjoy in America. The papers from this conference will be published in the William & Mary Bill of Rights Journal.


Participants:

  • Emily Buss, University of Chicago School of Law
  • Naomi Cahn, George Washington School of Law
  • June Carbone, Santa Clara Law School
  • Jim Dwyer, William and Mary School of Law
  • David Meyer, University of Illinois College of Law
  • Elizabeth Scott, University of Virginia School of Law
  • Barbara Woodhouse, University of Florida College of Law
  • Peter Vallentyne, Virginia Commonwealth University, Department of Philosophy

 

The Rule of Law in China

February 22, 2002

This symposium will examine a variety of issues arising out of the development of the rule of law in China. The papers that are presented will be published in the William & Mary Bill of Rights Journal.

Participants:

  • Jacques de Lisle, University of Pennsylvania Law School
  • Richard Ferris, Beveridge & Diamond, Washington, D.C.
  • Paul Gewirtz, Yale Law School
  • Nicholas Howson, Paul, Weiss, Rifkind, Wharton & Garrison, Beijing
  • Eric Orts, University of Pennsylvania, Wharton School
  • The Honorable Joseph Prueher, U.S. Ambassador to China
  • Robert Sutter, Georgetown University
  • Teemu Ruskola, American University College of Law
  • William Van Alstyne, Duke Law School
  • Hongjun Zhang, Beveridge & Diamond, Washington, D.C.

 

The John Marshall Scholarly Symposia

2000-2001

The year 2001 marked the bicentennial of the appointment of John Marshall, Chief Justice of the United States Supreme Court from 1801-1835, and namesake of William and Mary's Marshall-Wythe School of Law. In commemoration of the life and legacy of this great Chief Justice, The Institute of Bill of Rights Law presented a series of three scholarly symposia.

 

I. The Federal Appointments Process

Distinguished Guest: The Honorable Stephen Breyer, Associate Justice, United States Supreme Court
November 10, 2000

This symposium will analyze the way in which the Supreme Court Justices, lower federal court judges, and other executive branch officials are appointed and confirmed. It will focus on a newly-published book by Professor Michael Gerhardt of the William & Mary law faculty, The Federal Appointments Process, which is part of the Institute of Bill of Rights Law's Constitutional Conflicts book series. The papers that are presented will be published in the William & Mary Bill of Rights Journal.


Distinguished Guest:
The Honorable Stephen Breyer, Associate Justice, United States Supreme Court

Participants:

  • Erwin Chemerinsky, University of Southern California Law School
  • Chris Eisgruber, New York University Law School
  • Michael Gerhardt, William & Mary School of Law
  • David Strauss, University of Chicago Law School
II. The History of Free Speech

January 19, 2001

This symposium will examine the history of the protection of free expression in this country, with particular emphasis on the tumultuous nineteenth century. It will focus on a newly-published book by Wake Forest law professor Michael Kent Curtis, The People's Darling Privilege: The Struggle for Freedom of Expression in American History, which is part of the Institute of Bill of Rights Law's Constitutional Conflicts book series. The papers that are presented will be published in the William & Mary Bill of Rights Journal.


Participants:

  • Michael Curtis, Wake Forest University
  • Mark Graber, University of Maryland
  • William Van Alstyne, Duke Law School

 

III. The Legacy of Chief Justice John Marshall

March 16-17, 2001

This symposium, the third and final of the John Marshall Scholarly Symposia, will focus specifically on the legacy of this great Chief Justice. It will open with a re-argument of Marshall's greatest case, Marbury v. Madison, and proceed with two panels of distinguished constitutional scholars. They will consider the various ways in which Marshall shaped the structure of our constitutional government. The papers that are presented will be published in the William & Mary Law Review.


Participants:

  • Akhil Amar, Yale Law School
  • Martin Flaherty, Fordham University Law School
  • Michael Gerhardt, William & Mary School of Law
  • Charles Hobson, Editor, John Marshall Papers, The College of William & Mary
  • Michael Klarman, University of Virginia Law School
  • Kent Newmyer, University of Connecticut Law School
  • Stephen Presser, Northwestern University Law School
  • Jack Rakove, Stanford University Law School
  • Suzanna Sherry, Vanderbilt University Law School